Case law

Surratt v. McClaran

234 F. Supp. 3d 815 · District Court, E.D. Texas · Mar 3, 2016

Qualified Immunity: Section 1983 Claims against Individual Defendants in their Individual Capacities Defendants argue that Caver, Stevens, and McClaran are entitled to qualified immunity from Section 1983 claims brought against … “Qualified immunity protects government officials from liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Brown v. City of Hous.

297 F. Supp. 3d 748 · District Court, S.D. Texas · Dec 26, 2017

"To be 'clearly established' for purposes of qualified immunity, 'the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.' " Id. … "Thus, Mitchell clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a 'final' judgment subject to immediate appeal."

McIntosh Ex Rel. Estate of McIntosh v. Smith

690 F. Supp. 2d 515 · District Court, S.D. Texas · Feb 2, 2010

Qualified Immunity “[government officials performing discretionary functions generally are shielded from liability for civil damages [by qualified immunity] insofar as their conduct does not violate clearly established statutory … and the then clearly established law.

Mallett Jr. v. Goines

District Court, S.D. Texas · Nov 22, 2021

This second prong of the qualified immunity analysis involves “two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so, whether the conduct … City of Arlington, Texas, 16 F.4th 1159 (Sth Cir. 2021) (affirming the dismissal of claims based on qualified immunity when “the plaintiffs failed to identify any clearly established law that would place beyond doubt the

Patterson v. Oakes

District Court, E.D. Texas · Mar 30, 2023

immunity without first addressing whether the violation of the right alleged was clearly established. … In their qualified immunity argument, Defendants assert that Plaintiff has not set out a violation of a clearly established constitutional right.

Hunter v. Smith

District Court, E.D. Texas · Aug 14, 2025

As plaintiff failed to present competent summary-judgment evidence showing that defendants violated a clearly established constitutional right, the magistrate judge found that defendants were entitled to qualified … Fite, 47 F.4th 402, 408 (5th Cir. 2022) (granting qualified immunity when plaintiff “fails to iden- tify a single case to support” a clearly established right (quotation marks omitted)).

Ramirez v. Escajeda

District Court, W.D. Texas · May 31, 2022

’s conduct was, “as a matter of law,” “objectively unreasonable in light of clearly established law,” Cantrell, 666 F.3d at 921; Kinney v. … Bay City, Tex., 227 F.3d 316, 320–24 (5th Cir. 2000) (addressing whether there was clearly-established law). But see Colston v.

Geils v. Patin

941 F. Supp. 2d 722 · District Court, N.D. Texas · Sep 25, 2012

Qualified Immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly … The clearly established requirement “does not mean that officials’ conduct is protected by qualified immunity unless the very action in question has previously been held unlawful.” Cantrell v.

Rohan for Rohan v. Exxon Corp.

896 F. Supp. 666 · District Court, S.D. Texas · Aug 7, 1995

Thus, DOHSA clearly supplies the applicable law in this wrongful death case. In Miles v. … The same analysis applies to claims for mental anguish, which are clearly non-pecuniary in nature.

Berry v. Texas Woman's University

District Court, E.D. Texas · Mar 25, 2021

on qualified immunity[.]” … “[G]eneral propositions of law defined at ‘high levels of generality’ are insufficient to define clearly established law for purposes of defeating qualified immunity.” Perniciaro v.

Jones v. Collin College

District Court, E.D. Texas · Aug 25, 2022

The doctrine of qualified immunity protects government officials from suit “unless their conduct violates a clearly established constitutional right.” DePree v. … ” of qualified immunity); Zuniga v.

Brooks v. Taylor County

District Court, N.D. Texas · Oct 21, 2020

Catre, 77 F.3d 116, 120 (5th Cir. 1996) (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”). … Should Brooks elect to file an amended complaint and Rule 7(a) reply that is “tailored” to the officers’ assertions of qualified immunity, such filings are due no later than 020), published decisions can clearly establish

Gonzales v. Dankel

District Court, E.D. Texas · Jun 12, 2024

Qualified immunity shields government officials from liability for civil damages so long as their conduct does not violate clearly established rights. Johnston, 14 F.3d at 1059. … “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Hernandez v. Tex.

Neri v. City of San Benito, Texas

District Court, S.D. Texas · Aug 22, 2024

In his Motion to Dismiss, Stansbury pleads qualified immunity. Dkt. No. 17, pp. 3- 4. Resultingly, it is Neri who bears the burden of establishing that qualified immunity is inappropriate. … Given the above, Stansbury is entitled to the protections of qualified immunity because there is no clearly established law that put him on notice that his conduct was unconstitutional.

Ramirez v. Killian

District Court, N.D. Texas · Sep 30, 2022

The qualified-immunity analysis requires that a right be “clearly established.” See id. … violated clearly established law.”

Terrell v. Harris County

District Court, S.D. Texas · Sep 6, 2022

Marcantel, 567 F.3d 156, 169 (5th Cir. 2009) (an off-duty officer responding to a traffic violation was not entitled to qualified immunity because the officer allegedly violated clearly established law). … “Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.

Thompson v. City of Dallas

District Court, N.D. Texas · Sep 24, 2024

“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … And, if evidence did, Thompson has not carried his burden as to qualified immunity’s clearly established prong to the extent that he relies on “Cole v.

Hamilton v. The City of Wilmer Texas

District Court, N.D. Texas · Aug 1, 2023

A plaintiff seeking to overcome qualified immunity must plead facts: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Brown v.

Timpa v. The City of Dallas

District Court, N.D. Texas · Jul 6, 2020

Adherence to the Fifth Circuit’s qualified immunity analysis in Pratt, as well as the Supreme Court’s frequent exhortation “not to define clearly established law at a high level of generality,” means that Gutierrez does … Because there is no clearly established law holding unconstitutional restraints analogous to the Defendants’ restraint of Timpa, the Court holds that qualified immunity bars the excessive force claims against the Defendants

Sturm v. Ross

11 F. Supp. 2d 942 · District Court, S.D. Texas · Aug 10, 1998

Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have … The Fifth Circuit has developed a two-step process for the examination of a claim of qualified immunity. The first inquiry is whether Plaintiff has alleged a violation of a clearly established constitutional right.